The purpose of this chapter is to safeguard public
health through the application of the principles of food safety, foodborne
illness prevention and environmental health in food facilities. This
chapter shall be liberally construed and applied to promote the underlying
purpose of protecting the public health.

This chapter provides for the regulation of food operations
in restaurants and eating establishments, hospitals, nursing homes,
personal care homes, schools, retail stores, food processors, caterers,
warehouses, temporary and seasonal food stands, mobile food units,
and other similar food facilities which provide food to the public.
Farms which provide unprocessed food to the public are exempt from
this chapter.

General. All food and beverages shall be in sound
condition; at required temperatures, and under refrigeration if applicable;
free from spoilage, filth, adulterants or other contamination; and
shall be safe for human consumption. All processed foods shall be
obtained from food processors that are inspected and licensed by a
regulatory authority.

Fluid milk and fluid milk products used, or served,
or offered for sale shall be pasteurized and shall meet the Grade
A quality standards as established by law. Dry milk and dry milk products
shall be made from pasteurized milk and milk products. Milk shall
not be sold past the "sell-by" date noted on the container.

Fresh and frozen shucked shellfish and shell stock
(oysters, clams or mussels) shall be received and/or repacked in nonreturnable
packages identified with the name and address of the original shell
stock processor, shucker-packer, or repacker, and the state certification
number issued according to law. Shucked shellfish shall be kept in
the container in which they were received until used or repacked or
sold.

Each original container of shellstock and fresh
and frozen shucked shellfish shall be identified by an attached tag,
stating the name and address of the original shellfish processor,
the kind and quantity of shellfish, and the certification number issued
by the State or foreign shellfish control agency where applicable.
Each tag or accurate record shall be kept for 90 days and be made
available for inspection by the Department.

The repacking of shucked shellfish, breaking
down of shellstock lots or shucking-repacking of shellfish shall be
conducted in accordance with appropriate laws. The required records
shall be kept for examination by the Department for 90 days.

Only clean, whole eggs with shell intact and without
cracks or checks; or pasteurized liquid, frozen, or dry eggs or pasteurized
dry egg products shall be used, except that hard-boiled, peeled eggs,
commercially prepared and packaged, may be used or offered for sale.
Shell eggs shall be transported and received in containers or vehicles
with an ambient air temperature of 45° F. or below.

General. At all times, including while being stored, prepared, displayed,
served, dispensed, packaged, or transported, food shall be protected
from cross-contamination between foods and from potential contamination
by insects, insecticides, rodents, rodenticides, unclean equipment
and utensils, unnecessary handling, flooding, draining, and overhead
leakage or condensation, or other agents of public health significance.
The temperature of potentially hazardous food shall be maintained
at 41° F. or below, or 135° F. or above, at all times, except
as otherwise provided in this chapter.

[Amended 9-3-2014, ratified
by the County Council 11-18-2014 by Ord. No. 25-14]

Emergency occurrences. In the event of a fire, flood,
power outage of two or more hours, alleged foodborne or waterborne
illness outbreak of two or more people, or similar event that might
result in the contamination of food, the permit holder or the person
in charge shall immediately contact the Department. Upon receiving
notice of this occurrence, the Department shall take whatever action
deemed necessary to protect the public health.

Food, whether raw, cooked or prepared, if removed
from the package or container in which it was obtained, shall be stored
in a clean covered container except during necessary periods of preparation
or service. Rapidly cooling foods and whole, unprocessed raw fruits
and vegetables may be stored uncovered. Container covers shall be
impervious and nonabsorbent, except that linens or napkins may be
used for lining or covering bread or roll containers. Quarters or
sides of meat may be hung uncovered on clean sanitized hooks if no
food product is stored beneath the meat.

Containers of food shall be stored a minimum of six
inches above the floor in a manner that protects the food from splash
and other contamination and that permits easy cleaning of the storage
area, except that:

Metal pressurized beverage containers, and cases of
food packaged in cans, glass or other impervious containers need not
be elevated when the food container or cases are not exposed to floor
moisture; and the storage area is kept clean and free of moisture.

Containers may be stored on dollies, racks or pallets,
provided such equipment is easily movable by hand or with the use
of readily available pallet-moving equipment. Equipment, pallets,
and storage areas must be kept clean.

Food and containers of food shall not be stored under
exposed or unprotected sewer lines or water lines, except for automatic
fire protection sprinkler heads that may be required by law. The storage
of food in toilet rooms and their vestibules, garbage rooms, or mechanical
rooms is prohibited.

Food not subject to further washing or cooking before
serving shall be stored in a way that protects it against cross-contamination
from food requiring washing or cooking. Raw potentially hazardous
food must be stored below ready-to-eat foods. Raw foods which require
higher cooking temperatures shall be stored below or separate from
foods requiring lower cooking temperatures.

Bulk food such as cooking oil, syrup, salt, sugar,
or flour not stored in the product container or package in which it
was obtained, shall be stored in a container identifying the food
by its common English name.

Enough conveniently located refrigeration units or
effectively insulated units shall be provided to assure the maintenance
and cooling of potentially hazardous food at required temperatures.
Each refrigerated unit storing potentially hazardous food shall be
provided with a numerically scaled indicating or recording thermometer,
accurate to ___°± of located to measure the air temperature
in the warmest part of the unit and located to be easily readable.

Ice intended for human consumption shall not be used
as a medium for cooling stored food, food containers, or food utensils,
except that such ice may be used for cooling tubes conveying beverages
or beverage ingredients to a dispenser head. Ice used for cooling
stored food and food containers shall not be used for human consumption.

Enough conveniently located hot food storage units
shall be provided to assure the maintenance of potentially hazardous
food at the required temperature during storage. Each hot food unit
storing potentially hazardous food shall be provided with a numerically
scaled indicating or recording thermometer, accurate to ±2°
F., located to measure the air temperature in the coolest part of
the unit and located to be easily readable. Where it is impractical
to install thermometers on equipment such as bains-marie, steam tables,
steam kettles, heat lamps, or insulated food transport carriers, a
clean product thermometer must be available and used to check internal
food temperature.

Each time there is a change in processing between raw meats, poultry,
and seafood, or between raw and ready-to-eat foods, each new operation
shall begin with food-contact surfaces and utensils which have been
cleaned, rinsed, and sanitized.

Raw fruits and raw vegetables. Raw fruits and vegetables
shall be thoroughly washed with potable water before being cooked,
cut, or served. Melons, once cut, shall be considered potentially
hazardous and therefore held at 45° F. or below. Melons, if not
under temperature control, shall not be stored at room temperature
for any longer than four hours. Labels containing the time at which
the melons are initially displayed at room temperature must be affixed
to the package.

Raw animal products cooked in a microwave oven shall
be rotated during cooking to compensate for uneven heat distribution
and shall be heated an additional 25° F. to compensate for uneven
heat distribution.

In all cases, potentially hazardous food shall be
cooled from 135° F. to 70° F. or below within two hours and
from 70° F. to 41° F. in an additional four hours for a total
cooling time not to exceed six hours. If internal food temperatures
do not reach 70° F. in two hours, the total cooling time from
135° F. to 41° F. shall be reduced to four hours. Foods shall
be left uncovered while cooling. Cooling of foods shall be conducted
in an environment which will protect the food from contamination.
Temperature monitoring shall be required during cooling. Recording
of the cooling process on cooling charts shall be required at all
times.

[Amended 9-3-2014, ratified
by the County Council 11-18-2014 by Ord. No. 25-14]

Previously cooked potentially hazardous foods shall
be rapidly reheated within two hours to 165° F. or higher throughout
all parts of the food before being served or before being placed in
a hot storage unit. Steam tables, bains-marie, warmers, and similar
hot food holding facilities are prohibited for the rapid reheating
of potentially hazardous foods.

In a microwave oven only when the food will be immediately
transferred to conventional cooking facilities as part of a continuous
cooking process or when the entire, uninterrupted cooking process
takes place in the microwave oven; or

Bakery product fillings. Custards, cream fillings,
and similar products, including synthetic fillings, shall be held
at 45° F. or below following preparation and be maintained at
that temperature during storage, transportation, and display. Products
with synthetic fillings may be excluded from this requirement if:

Potentially hazardous food. Potentially hazardous food shall be kept
at an internal temperature of 41° F. or below or at an internal
temperature of 135° F. or above during display and service, except
that roast beef may be held for service at a temperature of no less
than 130° F.

[Amended 9-3-2014, ratified
by the County Council 11-18-2014 by Ord. No. 25-14]

Prepared food on display shall be protected from consumer
contamination by being packaged; or by easily cleanable sneeze guards
for counters, service lines, or salad bars; or by cabinets for self-service;
or by similar protective equipment. The exception to this is where
whole, unprocessed raw fruits, raw vegetables, or whole raw fish are
displayed for sale.

Reuse of soiled tableware is prohibited. Clean plates,
bowls, and/or single-service articles must be used each time a customer
returns to the service area. Beverage cups and glasses are exempt
from this requirement.

To avoid unnecessary manual contact with food, suitable
dispensing utensils and/or single-service articles shall be used by
employees or provided to consumers who serve themselves as in bulk
food sales, buffets, or at salad bars.

Milk and milk products for drinking purposes shall
be provided to the consumer in an unopened, commercially filled package
not exceeding one pint in capacity, or drawn from a commercially filled
container stored in a mechanically refrigerated bulk milk dispenser.
The dispensing tube shall be cut at a forty-five-degree angle. Where
a bulk dispenser for milk and milk products is not available and portions
of less than 1/2 pint are required for mixed drinks, cereal, or dessert
service, milk and milk products may be poured from a commercially
filled container of not more than one-half-gallon capacity.

Cream, half-and-half, nondairy creamers, or whitening
agents shall be provided in an individual service container, protected
pour-type pitcher, or drawn from a refrigerated dispenser designed
for such service.

Sugar, condiments, seasonings, and dressings for self-service
or table counter service, shall be provided in individual packages,
from dispensers, or from containers protected in accordance with this
chapter.

Ice for consumer use shall be dispensed only by employees
with scoops, tongs, or other ice dispensing utensils or through automatic
self-service, ice dispensing equipment. Consumers may obtain ice for
themselves only through automatic self-service equipment.

Ice dispensing utensils for use by employees shall
be stored on a clean surface or in an ice storage bin with the handle
of the utensil extending out of the ice. No utensil shall be stored
inside an ice making machine unless the machine is equipped for its
storage.

Re-service of food. Once served to a consumer, portions
of leftover food shall not be served again. However, packaged food,
other than potentially hazardous food, that is still packaged and
is still in sound condition, may be re-served.

General. The requirements for storage, display, and general protection
against contamination, as contained in this chapter, shall apply in
the transporting of all food from a food facility to another location
for service or catering operations. All potentially hazardous food
shall be kept at 41° F. or below, or 135° F. or above, during
transportation. Adequate and approved equipment must be used for maintaining
food product temperatures.

[Amended 9-3-2014, ratified
by the County Council 11-18-2014 by Ord. No. 25-14]

Food protection. During its transportation from a
food facility to another location, food and food-contact items shall
be kept in covered containers or be completely wrapped or packaged
so as to be protected from contamination.

General. Employees engaged in food preparation and warewashing operations
and service shall thoroughly wash their hands and the exposed portions
of their arms with soap or detergent and warm water before starting
work; after tobacco or e-cigarette use; handling garbage or soiled
tableware or kitchenware; coughing, sneezing, touching the mouth,
nose or hair; eating; using the toilet; before and after handling
raw meat, raw poultry or raw seafood, or any other potentially hazardous
food; and as often as is necessary during work to keep them clean.
The use of clean disposable gloves and hand sanitizers shall not be
a substitute for hand washing. Single-use disposable gloves shall
be changed as often as necessary in accordance with the requirements
listed above for hand washing.

[Amended 11-2-2016, ratified
by the County Council 3-7-2017 by Ord. No. 07-17]

Tobacco and e-cigarette use. Employees shall not use tobacco or e-cigarettes
in any form while engaged in food preparation or service, while in
areas used for food preparation, or equipment and utensil washing
areas.

[Amended 11-2-2016, ratified
by the County Council 3-7-2017 by Ord. No. 07-17]

Designated dining area. Employees shall consume food
only in designated dining areas, which will not result in contamination
of other food, equipment, utensils or other items needing protection.
Beverages may be consumed in food preparation areas as long as hand
to mouth contact is minimized and contamination of food and food-contact
surfaces is prevented.

General. Multiuse equipment and utensils shall be
constructed and repaired with safe, nontoxic materials, including
finishing materials; shall be corrosion resistant, nonabsorbent; and
shall be smooth, easily cleanable, and constructed to be durable under
conditions of normal use. Single-service articles shall be made from
clean, sanitary, safe materials. Equipment, utensils, and single-service
articles shall not impart odors, color or taste, nor contaminate food
in any other manner.

Wood. Hard maple or equivalent nonabsorbent wood that
meets the general requirements set forth in the above sections of
this chapter maybe used for cutting boards, bakers' tables and salad
bowls. Wood may also be used for single-service articles, such as
chopsticks, stirrers, or ice cream spoons. Wood shall not be used
as a food-contact surface under other circumstances. Pressure-treated
lumber or other similar material is prohibited on exposed surfaces
in food preparation, food storage, and utensil washing areas.

Plastics and rubber materials. Approved plastic, rubber
or rubber-like materials that are resistant under normal conditions
to scratching, scoring, decomposition, crazing, chipping, and distortion,
that are of sufficient weight and thickness to permit cleaning and
sanitizing by normal warewashing methods, and which meet the general
requirements set forth in previous sections of this chapter, are permitted
for repeated use.

General. All equipment and utensils, including plastic-ware,
shall be designed and fabricated for durability under conditions of
normal use and shall be resistant to denting, buckling, pitting, chipping,
and crazing. All equipment and utensils must conform to National Sanitation
Foundation (NSF) Standards or other equivalent standards in food industries
where NSF Standards do not apply. These standards are on file at the
Allegheny County Health Department.

Food-contact surfaces shall be easily cleanable, smooth,
and free of breaks, open seams, cracks, chips, pits, and similar imperfections,
and free of difficult-to-clean internal corners and crevices. Cast
iron may be used as a food-contact surface only if the surface is
used for cooking. Threads shall be designed to facilitate cleaning;
ordinary "V" type threads are prohibited in food-contact surfaces,
except that in equipment such as ice makers, hot oil cooking equipment,
or hot oil filtering systems, such threads shall be minimized.

Equipment containing bearings and gears requiring
lubricants not made of safe materials shall be designed and constructed
so that the lubricant cannot leak, drip, or be forced into food or
onto food-contact surfaces. Equipment designed to receive lubrication
of bearings and gears on or within food contact surfaces shall use
food-grade lubricants approved by the US Food and Drug Administration
in the Code of Federal regulations. Tubing conveying beverages or
beverage ingredients to dispensing heads may be in contact with stored
ice: provided that such tubing is fabricated from safe materials,
is grommeted at entry and exit points to preclude condensation from
entering the ice machine or the ice storage bin, and is kept clean.
Drainage or drainage tubes from dispensing units shall not pass through
the ice machine or the ice storage bin.

Non-food-contact surfaces. Surfaces of equipment not
intended for contact with food, but which are exposed to splash or
food debris or which otherwise require frequent cleaning, shall be
designed and fabricated to be smooth, washable, free of unnecessary
ledges, projections, or crevices, and readily accessible for cleaning,
and shall be of such material and in such repair as to be easily maintained
in a clean and sanitary condition.

Food equipment shall not be located under exposed,
unshielded sewer lines, water lines that are leaking, water lines
on which condensed water may accumulate, open stairwells or other
sources of contamination, except for automatic fire protection sprinkler
heads that may be required by law.

Equipment shall be located so that aisles, working
spaces between pieces of equipment, and working spaces between equipment
and walls are unobstructed and sufficient to permit employees to perform
their duties without contaminating food and food-contact surfaces.

Spacing for fixed equipment. Unless there is space
that will permit employee access for cleaning along side, behind,
and above a unit of fixed equipment, the space between it and adjoining
equipment, walls and ceilings shall be sealed if more than 1/32 inch.

Handling. Cleaned and sanitized equipment and utensils
shall be handled in a way that protects them from contamination. Spoons,
knives, and forks shall be touched only by their handles. Cups, glasses,
bowls, plates and similar items shall be handled without touching
food contact surfaces.

Cleaned and sanitized utensils and equipment shall
be stored at least six inches above the floor in a clean, dry location
in a way that protects them from contamination by splash, dust, and
other means. The food-contact surfaces of fixed equipment shall also
be protected from contamination. Equipment and utensils shall not
be placed underexposed sewer lines or water lines, except for automatic
fire protection sprinkler heads that may be required by law.

Glasses and cups shall be stored inverted, wherever
practical. Facilities for the storage of knives, forks, and spoons
shall be designed and used to present the handle to the employee or
consumer. Unless tableware is prewrapped, holders for knives, forks,
and spoons at self-service locations shall protect these articles
from contamination and present the handle of the utensil to the consumer.

Single-service articles shall be stored at least six
inches above the floor in closed cartons or containers which protect
them from contamination and shall not be placed under exposed sewer
lines or water lines, except for automatic fire protection sprinkler
heads that may be required by law.

Single-service knives, forks and spoons packaged in
bulk shall be inserted into holders or be wrapped by employees who
have washed their hands immediately prior to sorting or wrapping the
utensils. Unless single-service knives, forks and spoons are prewrapped
or prepackaged, holders shall be provided to protect these items from
contamination and present the handle of the utensil to the consumer.

Where equipment and utensils are used for the preparation
of potentially hazardous foods on a continuous or production-line
basis, utensils and the food-contact surfaces of equipment shall be
washed, rinsed and sanitized at regular intervals. This schedule is
subject to the approval of the regulatory authority and shall be based
on food temperature, type of food, and amount of food particle accumulation.

The food-contact surfaces of grills, griddles, and
similar cooking devices and the cavities and door seals of microwave
ovens shall be cleaned at least once a day, except that this shall
not apply to hot oil cooking equipment and hot oil filtering systems.
The food-contact surfaces of all cooking equipment shall be kept free
of encrusted grease deposits and other accumulated soil.

Moist cloths or sponges while being used for wiping food spills on kitchenware, food-contact and non-food contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in Subsection C(5) and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

For manual washing, rinsing and sanitizing utensils
and equipment, a sink with no fewer than three compartments shall
be provided and used. Sink compartments shall be large enough to permit
the accommodation of the equipment and utensils, and each compartment
of the sink shall be supplied with hot and cold potable running water.
Fixed equipment and utensils and equipment too large to be cleaned
in the sink compartments shall be washed and then sanitized manually
or cleaned and sanitized through pressure spray methods.

Drain boards of adequate size shall be provided for
proper handling of soiled utensils prior to washing and for clean
utensils following sanitizing and shall be located so as not to interfere
with the proper use of the dishwashing facilities.

Immersion in a clean solution containing any
other chemical sanitizing agent allowed by the US Food and Drug Administration
in the Code of Federal Regulations, that will provide the equivalent
bactericidal effect of a solution containing at least 50 parts per
million of available chlorine as a hypochlorite and having a temperature
of at least 75° F. for one minute; or

Treatment with steam free from materials or
additives other than those specified by the US Food and Drug Administration
in the Code of Federal Regulations in the case of equipment too large
to be sanitized by immersion but in which steam can be confined; or

Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least the strength required for that particular sanitizing solution under Subsection C(5)(d) above, in the case of equipment too large to sanitize by immersion.

When chemicals are used for sanitizing, they shall
not have concentrations higher than the maximum permitted by the US
Food and Drug Administration in the Code of Federal Regulations. Test
strips, a test kit, or other device that accurately measures the parts
per million concentration of the solution shall be provided and used.

Mechanical cleaning and sanitizing. Cleaning and sanitizing
may be done by spray-type or immersion dishwashing machines or by
any other type of machine or device if it is demonstrated that it
thoroughly cleans and sanitizes equipment and utensils. Such machines
and devices shall be properly installed and maintained in good repair.
Machines and devices shall be operated in accordance with the manufacturer's
instructions, and utensils and equipment placed in the machine shall
be exposed to all dishwashing cycles. Automatic detergent dispensers
and wetting agent dispensers, and liquid sanitizer injectors, if any,
shall be properly installed and maintained. All mechanical cleaning
and sanitizing equipment must comply with NSF Standards.

Sanitizing. When chemicals are used for sanitizing,
they shall not have concentrations higher than the maximum permitted
by the US Food and Drug Administration Code of Federal Regulations.
Test strips, a test kit, or other device that accurately measures
the parts per million concentration of the solution shall be provided
and used. When hot water is used for sanitizing, heat sensitive tapes
shall be provided and used to monitor final rinse temperature.

Bottled and packaged potable water shall be obtained
from an approved source and shall be handled and stored in a way that
protects it from contamination. Bottled and packaged potable water
shall be dispensed from the original container. This water supply
cannot be used as a primary and permanent source.

Toilet rooms, separate for each sex, shall be required
for patrons in food facilities where seating is provided. Any food
facility which was constructed prior to October 4, 1976, is exempt
from this section.

Toilet fixtures. Toilet fixtures shall be kept clean
and in good repair. A supply of toilet tissue shall be provided at
each toilet at all times. Easily cleanable receptacles shall be provided
for waste materials. Toilet rooms used by women shall have at least
one covered waste receptacle.

A supply of hand cleaning soap or detergent shall
be conveniently located near each handwash sink. A supply of sanitary
towels or a hand drying device providing heated air shall be conveniently
located near each handwash sink. Common towels are prohibited. If
disposable towels are used, easily cleanable waste receptacles shall
be conveniently located near the handwash sinks.

Garbage and refuse shall be held in durable, easily
cleanable, insect-resistant, and rodent-resistant containers that
do not leak and do not absorb liquids. Plastic bags may be used to
line these containers.

Containers stored outside the establishment, including
dumpsters, compactors, and compactor systems, shall be easily cleanable,
leakproof, shall be provided with tight-fitting lids, doors, or covers,
and shall be kept covered when not in actual use. In containers designed
with drains, drain plugs shall be in place at all times, except during
cleaning.

Soiled containers shall be cleaned at a frequency
to prevent insect and rodent attraction and minimize odors. Each container
shall be thoroughly cleaned on the inside and outside in a way that
does not contaminate food, equipment, utensils, or food preparation
areas. Suitable facilities, detergent, and hot water or steam, shall
be provided and used for cleaning containers. Liquid waste from compacting
or cleaning operations shall be disposed of as sewage.

Garbage and refuse on the premises shall be stored
in a manner to make them inaccessible to insects and rodents. Outside
storage of non-rodent-resistant plastic containers, unprotected plastic
bags, or baled units which contain garbage or refuse is prohibited.
Cardboard or other packaging material not containing garbage or food
wastes need not be stored in covered containers.

Garbage or refuse storage rooms, if used, shall be
constructed of easily cleanable, nonabsorbent, washable materials,
shall be kept clean, shall be insect and rodent resistant, and shall
be large enough to store all the garbage and refuse.

Outside storage areas or enclosures, shall be kept
clean and shall be large enough to store all the garbage and refuse
containers necessitated by disposal pick-up frequency. Garbage and
refuse containers, dumpsters, and compactor systems located outside,
shall be stored on or above a smooth surface of nonabsorbent material,
such as concrete or machine-laid asphalt, that is kept clean and maintained
in good repair.

General. Effective and approved measures shall be
utilized to minimize the entry of rodents, flies, cockroaches, or
other vermin. The premises shall be maintained free of vermin and
in a condition so as to prevent the entrance, harborage and feeding
of such vermin.

Openings. Openings to the outside shall be effectively
protected against the entry of rodents and insects by tight-fitting,
self-closing doors; closed windows; screening; controlled air currents;
or other means. Screen doors shall be self-closing, and screens for
windows, skylights, transoms, intake and exhaust air ducts, and other
openings to the outside shall be tight-fitting and free of breaks.
Screening material shall be not less than 16 mesh to the inch.

Floors and floor coverings of all food preparation,
food storage, and warewashing areas, dressing rooms, locker rooms,
toilet rooms and vestibules, shall be constructed of smooth durable
material such as sealed concrete, terrazzo, quarry tile, ceramic tile,
durable grades of vinyl asbestos or plastic tile, or tight-fitting
wood impregnated with plastic, and shall be maintained in good repair.
Anti-slip floor covering may be used in areas where necessary for
safety reasons. Floors shall be kept clean and maintained in good
repair.

Floors which are flushed with water or which receive
discharges of water or other fluid wastes or are in areas where pressure
spray methods for cleaning are used, shall be provided with properly
installed trapped drains. Such floors shall be constructed only of
sealed concrete, terrazzo, quarry tile, ceramic tile, or similar materials
and shall be graded to drain.

In all facilities utilizing concrete, terrazzo, quarry
tile, ceramic tile, or similar flooring materials, or where water
flush cleaning methods are used, the junctures between walls and floors
shall be coved and sealed. In all other cases, the juncture between
walls and floors shall be coved so as not to present an open seam
of more than 1/32 inch.

Carpeting. Carpeting, if used as a floor covering,
shall be of closely woven construction, properly installed, easily
cleanable, and maintained in good repair. Carpeting shall not be used
in food preparation and warewashing areas, in food storage areas,
or in toilet room areas.

Prohibited floor covering. Sawdust, wood shavings,
granular salt, baked clay, diatomaceous earth, or similar materials
shall not be used as floor coverings; however, these materials may
be used in amounts necessary for immediate spot clean-up of spills
or drippage on floors, and shall be readily removed.

Utility line installation. Exposed utility service
lines and pipes shall be installed in a way that does not obstruct
or prevent cleaning of the floor. In all new or extensively remodeled
establishments, installation of exposed horizontal utility service
lines and pipes on the floor is prohibited.

Construction. The walls and wall coverings of food
preparation areas, warewashing areas, and toilet rooms and their vestibules
shall be smooth, nonabsorbent, and easily cleanable. Concrete or pumice
blocks and bricks used for interior wall construction in these locations
shall be finished and sealed to provide a smooth easily cleanable
surface.

Exposed construction. Studs, joists, and rafters shall
not be exposed in those areas listed in Section 321.2 of this chapter.
If exposed in other rooms or areas, they shall be finished to provide
a cleanable surface.

Utility line installation. Utility service lines and pipes shall not be exposed on walls or ceilings in those areas listed in Subsection B. Exposed utility service lines and pipes in permitted areas shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.

At least 20 footcandles of light from a permanently
fixed artificial source shall be provided to work levels of all food
preparation surfaces, equipment or utensil washing areas and equipment
and utensil storage areas, and restrooms.

At least 20 footcandles, to be measured at a distance
of 30 inches from the floor, shall be provided in all other areas
of a food facility, including walk-in refrigerating units, dry storage,
dressing rooms, restrooms and garbage/refuse storage areas.

Shielding to protect against broken glass falling
onto food shall be provided for all artificial lighting fixtures located
over, by or within food storage, preparation, service and display
areas, and facilities where utensils and equipment are cleaned and
stored, except for areas in which commercially packaged food is stored
where the integrity of the package will not be affected by broken
glass.

All rooms shall have sufficient ventilation to keep
them free of excessive heat, steam, condensation, vapor, obnoxious
odors, smoke and fumes. Ventilation systems shall be installed and
operated according to law and, when vented to the outside, shall not
create a nuisance nor an unsightly, harmful or unlawful discharge.

Ventilation systems designed for installation over
cooking and dishwashing equipment shall be provided with approved
ventilating hoods and ducts, blowing devices, fans or other mechanical
means. These ventilation hoods and devices shall be designed to prevent
grease or condensate from dripping into food or onto food preparation
surfaces. Filters, where used, shall be readily removable for cleaning
or replacement.

General. If employees routinely change clothes within
the facility, rooms shall be designated for that purpose. These designated
rooms shall not be used for food preparation, storage, or service,
or for utensil washing or storage.

Lockers. Suitable and sufficient lockers or other
approved facilities shall be provided for the orderly storage of employee
clothing and other belongings. Such lockers or other approved facilities
shall not be located in any room or area where food is prepared, manufactured,
or packed and shall be maintained clean and in good repair.

There shall be present in food facility only those
poisonous or toxic materials necessary for operating and maintaining
the facility; for cleaning and sanitizing equipment and utensils;
and for controlling insects and rodents.

Container labeling. All containers of poisonous or
toxic materials shall be prominently and distinctively marked or labeled
for easy identification of contents. This shall include containers
of sanitizing solution.

Poisonous and toxic materials shall not be stored
above or adjacent to food, food equipment, utensils, equipment washing
facilities and drainboards, or single-service items to prevent possible
contamination. This requirement does not prohibit the convenient availability
of detergents and sanitizer at utensil or dishwashing stations.

Poisonous or toxic materials shall not be used in
any way that contaminates food, equipment, or utensils; nor in any
way that constitutes a hazard to employees or other persons; nor in
any way other than in full compliance with the manufacturer's labeling.

Bactericides, cleaning compounds, or other compounds
intended for use on food contact surfaces shall not be used in any
way that leaves a toxic residue on such surfaces or that constitutes
a hazard to employees or other persons.

Only those medications necessary for the health of
employees may be present. Medications shall not be stored adjacent
to or above food, food contact surfaces of equipment and utensils,
or single-service articles. Medication that requires refrigeration
shall be double-packaged, properly labeled, and stored on the bottom
shelf.

The food facility shall be maintained in good repair.
All parts of the property used in connection with operation of the
facility shall be reasonably free of litter and articles not essential
to the operation or maintenance of the facility.

Living areas. No operation of a food facility shall
be conducted in any room used as living or sleeping quarters. Food
service operations shall be separated from any living or sleeping
quarters by complete partitioning and solid, self-dosing doors.

Laundry facilities in a food facility shall be restricted
to the washing and drying of linens and work clothes used in the operation.
If such items are laundered on the premise, an electric or gas washer
and dryer shall be provided and used.

Separate rooms shall be provided for laundry facilities
except that such operations may be conducted in storage rooms containing
only prepackaged foods or packaged single-service articles. Dryers
must be properly vented.

Soiled work clothes and linens, including wiping cloths,
shall be kept in nonabsorbent containers or washable laundry bags
until routinely removed for laundering, and shall be stored to prevent
contamination of food, food equipment and utensils.

Cleaning equipment storage. Maintenance and cleaning
tools such as brooms, mops, vacuum cleaners, and similar equipment
shall be maintained in good repair and stored in a way that does not
contaminate food, utensils, equipment, or linens and shall be stored
in an orderly manner to facilitate the cleaning of that storage location.
Mops and brooms shall be stored off the floor to facilitate drying.

Live animals shall be excluded from within the food
facility operational areas and from immediately adjacent areas inside
the premise. This exclusion does not apply to edible fish, crustacea,
shellfish or fish in aquariums.

Mobile food units shall comply with the requirements of this section and all other applicable sections of this chapter except as otherwise provided in this paragraph and in Subsection B. The Department may impose additional requirements to protect against health hazards related to the conduct of the food facility as a mobile operation, may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result, may waive or modify requirements of this section relating to physical facilities, except those requirements of Subsections C, D and G.

Restricted operation. Mobile food units serving only
food in prepackaged individual servings, transported and stored under
conditions meeting the requirements of this chapter, beverages that
are not potentially hazardous and are dispensed from covered urns
or other protected equipment, need not comply with requirements of
this chapter pertaining to the necessity of water and sewage systems
nor to those requirements pertaining to the warewashing if the required
equipment for warewashing exists at the commissary.

Water system. A mobile food unit requiring a water system shall have a potable water system under pressure. The water used on these units must be in accordance with § 830-14 of this chapter. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, warewashing, and handwashing, in accordance with the requirements of this chapter. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed using safe materials and properly installed in accordance with the requirements of this chapter.

Waste retention. If liquid waste results from operation
of a mobile food unit, the waste shall be stored in a permanently
installed retention tank that is of at least fifteen-percent larger
capacity than the water supply tank. Liquid waste shall not be discharged
from the retention tank when the mobile food unit is in motion. The
connections on the vehicle for servicing mobile food unit waste disposal
facilities shall be of a different size or type than those used for
supplying potable water to the mobile food unit. The waste connection
shall be located lower than the water inlet connection to preclude
contamination of the potable water system.

Mobile food unit operation. The operator of the unit
must submit to the Department a current copy of the state registration
of the vehicle, approved commissary documentation, and upon request
of the Department, a current list of the proposed food service locations
and approximate arrival times to those locations.

Mobile food units shall operate from a commissary
or other fixed food facility and shall report daily to such location
for all food and supplies and again for all cleaning, servicing operations
and waste disposal.

The commissary or other fixed food facility used as
a base of operation for mobile food units shall be constructed and
operated in compliance with the requirements of this chapter. If the
commissary is located outside Allegheny County, the mobile food unit
operator must show proof that said commissary possesses a valid license
or permit and has had a satisfactory recent inspection from the appropriate
regulatory authority for that location.

Temporary food stands and seasonal food stands shall
comply with the requirements of this chapter except as otherwise provided
in this section. The Director may impose additional requirements to
protect against health hazards related to the conduct of temporary
food stands or seasonal food stands and may prohibit the sale of some
or all potentially hazardous foods.

Mechanical refrigeration units shall be clean and
in good repair and shall be capable of maintaining food temperatures
at 45° F. or below. Alternate methods of temperature control shall
be provided in the event of a power outage.

Adequate facilities shall be set up for cleaning and
sanitizing food-contact surfaces such as cooking utensils, cutting
boards, knives, etc. Three labeled containers of adequate volume must
be utilized in the following manner:

Handwashing. Handwashing facilities shall be provided
in all cases except where only prepackaged foods are sold. The use
of clean water drawn from a dispensing spout and soap is acceptable
for handwashing. Dipping of hands in the water is not approved. Single-service
towels must be provided for hand drying. The use of readily available
moist towelettes containing an approved disinfectant agent also is
acceptable.

Overhead protection shall be provided for all food
preparation and food storage areas. Materials such as canvas, plastic
or wood that protect the establishment from the weather shall be approved.
A site shall be chosen which will minimize problems with dirt and
dust.

General. Food facilities shall comply with the requirements
of this chapter while conducting modified atmosphere packaging and
shall adhere to the requirements listed in this section. Written permission
shall be obtained from the Department for each food which is modified
atmosphere packaged. The request from the food facility and approval
from the Department shall be product specific.

Each package of refrigerated retail processed food
in a modified atmosphere must bear a "Use By" date. This date cannot
exceed 14 days from retail processing. Also, the date assigned by
the retailer cannot go beyond the manufacturer's recommended "Pull
Date" for the food. The "Use By" date must be listed on the principal
display panel in bold type on a contrasting background. Modified atmosphere
packaged foods shall not be sold past the "Use By" date on the label.
Foods that remain frozen before, during and after processing are exempt
from this requirement.

Hazard Analysis and Critical Control Point (HACCP).
All food facilities processing food in a modified atmosphere must
develop a HACCP Program and maintain a copy of this program at the
processing site for review by the appropriate regulatory authority.
This HACCP Program shall include:

A complete description of the processing, packaging,
and storage procedures. The program must also identify the critical
control points in the procedure with a description of how these will
be monitored and controlled.

Safety barrier verification. The safety barrier requirement
must be verified in writing for all foods processed in a modified
atmosphere. This can be accomplished via written certification from
the product manufacturer or through independent laboratory analysis
of the incoming product using the official method of analysis. Any
changes in product formulation or processing procedures that impact
on the safety barrier require recertification of the product. All
barrier certifications must be updated every 12 months or as required
by the appropriate regulatory authority. A record of all safety barrier
verifications must be available at the processing site for regulatory
review.

USDA process exemption. Meat and poultry products,
cured under USDA inspection or a state program equal to USDA, with
a nitrite level of at least 120 ppm and a brine concentration of at
least 3.5% are exempt from the safety barrier verification requirements.

Precautions against contamination. Only unopened packages
of commercially manufactured food products can be used to process
in a modified atmosphere. If it is necessary to stop processing for
a period in excess of one-half hour, the remainder of that product
must be diverted for another use in the retail operation.

Designated area/restricted access. All aspects of
modified atmosphere packaging shall be conducted in an area specifically
designated for this purpose. There shall be an effective separation
to prevent cross contamination between raw and cooked products. Access
to the processing area shall be restricted to responsible trained
personnel who are familiar with the potential hazards of this operation.

Employee training. Employees assigned to process foods
in modified atmosphere packages must be familiar with these guidelines
and the potential hazards associated with modified atmosphere packaged
foods. A description of the training and course content provided to
the employees must be available for review and approval by the Department.

This permit, unless revoked or suspended, shall be
valid for a period of no more than a year and for use only by the
person or persons owning the business establishment at the address
given at the time of issuance. Such permits are not transferable.
Caterers who operate out of an existing permitted facility must also
possess a valid Health Permit. All permits shall be posted in a place
conspicuous to the public. Only persons who comply with all applicable
Department rules and regulations, state and federal laws shall be
entitled to receive and retain such a permit.

A separate permit is required for each temporary and
seasonal food stand per each event and location. A temporary permit
is valid for a maximum of 14 days; a seasonal permit is valid for
a maximum of six months.

In the event that the business of a person dealing
in food and foodstuffs, including retailers, wholesalers, processors,
manufacturers, is not completely in the fee schedule he shall pay
the fee applicable to the business described most nearly resembling
the business in which he is engaged.

Additional fees may be assessed for the furnishing
of special services or materials that are not ordinarily provided
under permit or pursuant to regulation. Such fees may include service
performed outside regular departmental working hours and will be charged
for at a rate equal to the cost of providing the service.

The frequency of the inspections shall be based on
the size, type, and prior inspectional history of the food facility.
Priority facilities shall be inspected more frequently than non-priority
facilities. During inspections operators must provide access to all
pertinent records and to all areas of the facilities.

Non-routine inspections and Hazard Analysis Critical
Control Points Evaluations (HACCP) may be conducted as needed, when
emergency conditions exist, on a complaint basis, or at the discretion
of the Director.

The Director may examine food or collect samples
of such food as often as deemed necessary for enforcement of this
chapter. The Director may condemn and forbid the sale of, or cause
to be removed or destroyed, any food or beverage which is unwholesome
or adulterated. Condemned food shall be disposed of properly. Food
subject to a hold order (embargo notice) shall be tagged or labeled
and shall not be used, served or removed from the food facility. The
Director shall permit storage of the food under conditions specified
in the embargo notice. A written request for a hearing may be filed
with the Director within 10 working days. If no hearing is requested,
a decision on the embargoed food will take place under the supervision
of the Director.

General. No person shall work in a food facility while
infected with a disease in a communicable form that can be transmitted
by foods or on food contact surfaces. Persons afflicted with a boil,
an infected wound, diarrhea, vomiting or an acute respiratory infection,
shall not work in a food facility.

If the permit holder or person in charge of the facility
has reason to believe that any employee has contracted any disease
in a communicable form transmissible through food, or has become a
carrier of such disease, the Director shall be notified immediately.

When the Director has reason to believe that there
is the possibility of transmission of infection from any food facility
employee, the Director is authorized to require any or all of the
following measures:

Whenever a food facility is to be constructed, remodeled
or altered extensively, or whenever an existing structure is being
converted to a food facility, plans and specifications must be submitted
to the Food Protection Division prior to construction. Plans and specifications
shall include:

The fee for review of construction plans shall be
determined based on 50% of the applicable health permit fee for the
full year to a maximum of $200. No refunds will be given for any plan-review
fees whether plans are approved or disapproved.

The Department shall approve such plans when they
meet all specifications and the fee has been paid. Whenever plans
are disapproved, the Department will respond in writing stating the
shortcomings in the plans. Resubmission of such plans shall be required
following their revision. No food facilities shall be constructed,
extensively remodeled, or converted, except in accordance with plans
and specifications approved by the Department.

Pre-operational inspection. Whenever plans are required under Subsection A or when a food facility changes ownership, an inspection must be conducted by the Department prior to operation to determine compliance with this chapter. It is the responsibility of the operator to schedule the inspection. Operators shall provide at least 10 days' notice to the Department for scheduling the pre-operational inspection.

Temporary food stands and mobile food unit plan-review.
Comprehensive plans for all temporary food stands and mobile food
units must be reviewed and approved prior to operation. It is the
responsibility of the operator to arrange for an inspection prior
to operation of such facilities.

No food facility shall be operated within the County
of Allegheny unless, following an inspection by the Director, it conforms
with the requirements of this chapter. All facilities which meet the
requirements of this chapter shall display the placard, provided by
the Department, which reads "Inspected and Permitted by the Allegheny
County Health Department." When the food facility fails to meet the
requirements, and upon inspection has significant critical violations
remaining or recurring, the Director is authorized to post the "Consumer
Alert" placard on the food facility. A food facility placarded with
a "Consumer Alert" is allowed to operate for a temporary period not
exceeding 10 days. At the end of this temporary period of operation,
the Director shall suspend the health permit if significant critical
violations remain.

If the Director finds at any time that conditions
warrant or there is an imminent danger to the public health, he shall
suspend the health permit and post the food facility with a placard
with reads "Closed by Order of the Allegheny County Health Department."

Placards shall be posted on all customer entrance
doors to the food facility so as to be clearly conspicuous to persons
entering the facility. Placards shall not be concealed or removed.
Removal shall only be at the direction of the Department.

It shall be unlawful to operate any food facility
with a suspended permit. A suspended permit can only be reinstated
after a department inspection has verified the correction of all critical
violations.

No person shall operate a food facility where food preparation is conducted in Allegheny County who does not employ full time food protection manager(s) certified by the Department. At no time shall the food facility be operating without a certified food protection manager who has a valid certificate issued by the Department unless otherwise approved by the Department or as indicated under Subsection A. Certified food protection managers shall be in compliance with Subsections B and C.

The certification granted to a person by the Department
shall be made available upon request. The certificate is not transferable
between persons and shall not be duplicated by anyone other than the
Department.

Any person desiring a certificate as a food protection
manager in Allegheny County shall make written application on forms
provided by the Department. Each application for certification must
be accompanied by a filing fee.

Have obtained a certificate for food protection
managers issued by another regulatory agency whose requirements are
equal to or more stringent than the Department's and show written
proof to that effect.

Whenever the Department determines that the holder
of a certificate as a food protection manager is responsible for violation
of any critical provisions of these regulations, the Department may
suspend or revoke his/her certificate.

Report to the Department, if the permit holder is
unavailable, the occurrence of a fire, flood, power outage of two
or more hours, alleged foodborne or waterborne illness outbreak of
two or more people, or similar event that might result in the contamination
of food, or that might prevent potentially hazardous food from being
held at required temperatures.

All food facilities where food preparation is conducted, which are permitted and in operation at the time of the effective date of this chapter, shall employ the number of certified food protection managers as required by Subsection A(1) based on the following:

When the certified food protection manager leaves
or quits employment or is no longer acting as a certified food protection
manager at the food facility, the permit holder shall employ a replacement
certified food protection manager within 30 days of the employment
termination date. The permit holder shall notify the Department in
writing within five working days that the facility lacks a certified
food protection manager.

Summary suspension/imminent hazard. If the Director
finds there is imminent danger to the public health the permit shall
immediately be suspended. Any person whose permit has been suspended
under this section shall upon written request be entitled to a hearing
pursuant to Article XI, Hearings and Appeals, of the Allegheny County
Rules and Regulations. Upon suspension or revocation of a permit,
the Director shall immediately post a notice of permit suspension
or revocation in plain view at all customer entrances to the premises.
Such notice shall not be concealed or removed. Removal shall be only
at the direction of the Department. A person whose permit has been
suspended shall have the permit reinstated upon completion of the
corrective action required by the Director and an inspection verifying
such corrections. It shall be unlawful to operate a food facility
with a suspended permit.

If the Director determines that there is a violation
of any of this chapter or laws of the Commonwealth of Pennsylvania
and there is no imminent danger to the public health, the permit of
the food facility may be suspended.

The permit suspension shall not become effective until
an opportunity for a presuspension hearing has been afforded to the
holder of the permit. The presuspension hearing notice shall contain
the violations, and where applicable, any corrective action which
must be taken and the time within which such corrections must be completed.
The Director shall fix a hearing no sooner than six days from the
date of mailing of the notice of presuspension hearing unless the
Director and the applicant both agree to a hearing at an earlier date.
If the permit holder fails to appear at the hearing, the suspension
shall become effective on the date fixed for the hearing; otherwise,
the suspension shall become effective as such time as may be fixed
by the Director. Upon suspension or revocation of a permit, the Director
shall immediately post a notice of permit suspension or revocation
in plain view at all customer entrances to the premises. Such notice
shall not be concealed or removed. Removal shall be only at the direction
of the Department. It shall be unlawful to operate any food facility
with a suspended permit.

A permit which has been suspended shall be reinstated
if the person whose permit has been suspended completes the corrective
action as required by the Director. The permit may only be reinstated
following a Department inspection of the premises and written approval
by the Director.

Variance. The Director may grant variance or conditional
variance from any of the requirements of this regulation if the Director
so determines that the granting of such variance poses no real or
potential hazard to the health, safety, or welfare of the public.

Summary offenses. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Allegheny
County Department of Health, or who interferes with the Director or
any other agent of the Department of Health in the discharge of his/her
official duties, shall, for the first offense, upon conviction thereof
in a summary proceeding before any alderman or justice of the peace
of Allegheny County, or before any police magistrate if such offense
be committed in a city of the second class, be sentenced to pay the
costs of prosecution and a fine of not less than $30 nor more than
$300 and, in default thereof, to undergo imprisonment of not less
than 10 days nor more than 30 days.

Misdemeanors. Any person who violates any of the provisions
of this chapter or any rule or regulation of the County Department
of Health, or who interferes with a Health Director or any other agent
of the Department of Health in the discharge of his/her official duties,
convicted of a second or subsequent offense, shall be guilty of a
misdemeanor and shall, upon conviction thereof, be sentenced to pay
a fine of not less than $500 nor more than $1,000 or to undergo imprisonment
not exceeding one year, or both.

Separate offenses. For the purpose of this section,
violations on separate days shall be considered separate offenses.
Each violation of any separate subsection or section of this chapter
shall constitute a separate offense.

Civil penalties. Any person who violates any of the
provisions of this chapter or any rule or regulation of the Allegheny
County Department of Health may be assessed a civil penalty imposed
by the Director pursuant to Article XVI, Environmental Health Civil
Penalties.

Hearings and appeals. Article XI, Hearings and Appeals,
provides for the right to a hearing if aggrieved by any order issued
by the Department. A request for hearing must be made in writing and
files with the Department within 10 days upon receipt of an order.

The purpose of Allegheny County Food Safety Fund is to support activities
related to the improvement of food safety within Allegheny County
and to support activities which will increase or improve knowledge
of food safety, as it relates to foodborne illness and its control,
so as to benefit public health.

Disposition of monies collected. All funds received by the County
as a result of reinspections, owner-requested inspections, consent
orders, consent decrees, or civil penalties relating to actions taken
by the Department regarding food safety shall be paid into a special
fund known as the Allegheny County Food Safety Fund which is hereby
established.

This fund shall be administered in accordance with the provisions
of the Second Class County Charter Law[1] and other applicable laws. The County Treasurer shall
invest monies deposited in the Fund and in such manner as not to impair
the liquidity of the Fund and shall credit all interest accruing on
such monies to the Fund.

Disbursements. Disbursements of monies from the Allegheny County
Food Safety Fund shall be utilized solely to cover any and all reasonable
(direct and indirect) costs incurred by the county and required to
develop and administer the County's Food Safety Program. No food
facility, which is subject to the provisions of this chapter, shall
receive monies from the Fund under this section, or services, equipment,
or materials purchased with such monies, to fulfill its obligations
under this chapter, except for Department facilities supporting the
Food Safety Program. The Allegheny County Board of Health shall have
the sole discretion and authority to make disbursements from this
fund as it sees fit from time to time.

Any electronic oral device, such as one composed of a heating
element, battery or electronic circuit, which provides a vapor of
nicotine or any other substances and the use or inhalation of which
simulates smoking. The term shall include any such device, whether
manufactured, distributed, marketed or sold as an e-cigarette, e-cigar
or e-pipe or under any other product name or descriptor.

[Added 11-2-2016, ratified
by the County Council 3-7-2017 by Ord. No. 07-17]

Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks,
tables, counters, refrigerators, sinks, dishwashing machines, steam
tables, and similar items other than utensils, used in the operation
of a food service facility.

Whenever an existing structure is converted for use as a
food facility; any structural or significant equipment additions or
alterations to the existing food facility; changes, modifications
and extensions of plumbing systems, excluding routine maintenance.

A process that completely encases food in an impermeable
or partially permeable membrane, with either a partial or complete
vacuum; or a gas or mixture of gases surrounding the food. Hermetically
sealed containers are not considered to be modified atmosphere packaging.

The individual present in a food service facility who is
the apparent supervisor of that facility at the time of inspection.
If no individual identifies himself as the supervisor then any employee
present may be deemed the person in charge by the Department.

Any food or food ingredient, natural or synthetic, in a form
capable of supporting (1) the rapid and progressive growth of infectious
or toxigenic microorganisms or (2) the slower growth of C. botulinum.

Foods for which laboratory evidence (acceptable
to the US Food and Drug Administration) demonstrates that rapid and
progressive growth of infectious or toxigenic microorganisms or slower
growth of C. botulinum cannot occur and complies with the above.

Includes food establishments serving or operating in schools,
hospitals, governments, or any benevolent, educational, philanthropic,
humane, patriotic, religious, scientific or any organization of, relating
to, or supported by charity. Such designation shall include limited
preparation kitchens defined as facilities that store and handle for
sale or distribution of precooked food or food prepared at another
location, and; fee exempt facilities which are either all volunteer
not-for-profit group facilities or schools (grades one through 12),
but excluding hospitals and government agencies, shall be defined
as fee exempt. Nursing homes, personal-care boarding homes and day-care
facilities shall be included in this category.

Includes restaurant, coffee shop, cafeteria, short order
cafe, luncheonette, tavern, sandwich stand, soda fountain, and all
other eating and drinking establishments, as well as kitchen or other
place in which food or drink is dispensed or prepared for sale elsewhere.

Includes any establishment or section of an establishment
where food and food products are offered to the consumer and intended
for off-premise consumption. This definition shall include mobile
food units.

Sell, for sale, or sold and similar terms meaning the selling,
exchanging, delivering or having in possession, care, control or custody
with intent to sell, exchange or deliver, or the offering or exposing
for sale.

Effective bactericidal treatment by a process that provides
enough accumulative heat or concentration of chemicals for enough
time to reduce the bacterial count, including pathogens, to a safe
level on utensils and equipment.

Items used by the retailer or consumer such as cups, containers,
lids, and packaging materials, including bags and similar articles,
intended for contact with food, and designed for one-time use. The
term does not include "single-use" articles such as number 10 cans,
aluminum pie pans, bread wrappers and similar articles used for packaging
by the manufacturer.